Your current state is Virginia
Parties want to sell. Since my brother and I inherited my mothers party what should we be asking
You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »
While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.
There is no will. She started the divorce paperwork but didn't finalize anything. Is she entitled to everything.
Probably she gets everything if there is no divorce and no Will or Trust that says differently.
If they are divorced then she gets nothing.
If they have children then they get a share.
My mother and father set up a trust my mother passed away of cancer in May of 2020 starting it was irrevocable but as of today my brother and I have not received a copy of the trust since then my father has remarried in June of 2021 and have no idea of how to go about getting a copy from him... Read more »
I'm sorry to hear about your mom. You shouldn't feel bad about asking your dad for a copy of the Trust document since you are clearly entitled to a copy. Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to... Read more »
What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?
A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... Read more »
There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.
Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.
In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »
My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec... Read more »
Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.
My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »
Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.
I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was... Read more »
My half sister (both adults) and I are the beneficiaries on many accounts, but there are several that had none. He also had a home that I lived (and still live in) with a mortgage. I have been paying for the upkeep of the home since he passed. We found out that we have a minor half brother after he... Read more »
If the terms of the court order required that Proof of an insurance policy is required to be produced by your father, and was not produced, then the Estate may argue that the mother of your minor half brother waived her rights because of her failure to act and her continued failure to act to bring... Read more »
My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?
She does not have a living will
Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.
I'm out. And I would like to close or end or dissolve the trust, basically my buddy does not want to manage the trust now that I am out. What steps do I need to take. The trust was formed in CA.
If you want to terminate (revoke) the trust, just sign a simple letter to the trustee which says you hereby revoke the trust and to return all trust property to your management and control. If you want to keep the trust and simply change the trustee of the trust (from your buddy to you), again, a... Read more »
I want to give my benefits to another sibling without receiving distribution. Can I sign it over by filling out an alternate payee or similar form with estate attorney?
The easiest way for you to accomplish your goal would be to just accept distributions and then gift like amounts to your sibling. Be sure to talk with your tax advisor first about the gift tax consequences and talk to your attorney about the Medicaid penalty consequences.
Even if you were... Read more »
My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.
Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.
I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »
I am sorry for the loss of your father and all of these challenges.
Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the... Read more »
The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere
Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »
No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.
As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... Read more »
A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... Read more »
Legal investigation Can they do that. And what do I do now
You could file a motion to show cause why they bank should not be held in contempt for violating the court order.
My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... Read more »
If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.
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